Page 1 of 3 LARAMIE COUNTY PLANNING & DEVELOPMENT DEPARTMENT Planning Building 3966 Archer Pkwy Cheyenne, WY 82009 www.laramiecountyplanning.com Phone (307) 633-4303 Fax (307) 633-4616 MEMORANDUM TO: Laramie County Planning Commission FROM: Bryan Nicholas, Associate Planner DATE: September 13, 2018 TITLE: Review and action on a Zone Change from MU (Mixed Use) to NB (Neighborhood Business) for Tract 27, Foster Tracts, 2 nd Filing, Laramie County, WY. EXECUTIVE SUMMARY Kermit Craig & Gay Wilson of 2911 Foothills Road, Cheyenne, WY have submitted an application for Zone Change for Tract 27, Foster Tracts, 2 nd Filing, located on Haunted Road, southeast of Dell Range Boulevard and Whitney Road. The application has been submitted for the purpose of seeking a zone change from Mixed Use (MU) to Neighborhood Business (NB). BACKGROUND The subject property is currently vacant with a mixture of adjacent residential and commercial uses. On approximately 1.36 acres, the site has overhead electrical lines as well as underground utilities, along with an existing water well. There are no platted easements within the property that would hinder future development. Per the ‘2008 East Dell Range/US 30 and Christensen Railroad Overpass Plan’ from Cheyenne Metropolitan Office (MPO), future expansion of the south half of the Dell Range R.O.W. will eventually impact this property. Pertinent Regulations Section 1-2-103(b) of the Laramie County Land Use Regulations governing the criteria for a zone map amendment. Section 4-2-106 of the Laramie County Land Use Regulations governing the NB (Neighborhood Business) zone district.
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LARAMIE COUNTY PLANNING & DEVELOPMENT DEPARTMENT
Planning Building
3966 Archer Pkwy Cheyenne, WY 82009
www.laramiecountyplanning.com
Phone (307) 633-4303 Fax (307) 633-4616
MEMORANDUM TO: Laramie County Planning Commission FROM: Bryan Nicholas, Associate Planner DATE: September 13, 2018 TITLE: Review and action on a Zone Change from MU (Mixed Use) to NB
(Neighborhood Business) for Tract 27, Foster Tracts, 2nd Filing, Laramie County, WY.
EXECUTIVE SUMMARY
Kermit Craig & Gay Wilson of 2911 Foothills Road, Cheyenne, WY have submitted an application for Zone Change for Tract 27, Foster Tracts, 2nd Filing, located on Haunted Road, southeast of Dell Range Boulevard and Whitney Road. The application has been submitted for the purpose of seeking a zone change from Mixed Use (MU) to Neighborhood Business (NB). BACKGROUND
The subject property is currently vacant with a mixture of adjacent residential and commercial uses. On approximately 1.36 acres, the site has overhead electrical lines as well as underground utilities, along with an existing water well. There are no platted easements within the property that would hinder future development. Per the ‘2008 East Dell Range/US 30 and Christensen Railroad Overpass Plan’ from Cheyenne Metropolitan Office (MPO), future expansion of the south half of the Dell Range R.O.W. will eventually impact this property. Pertinent Regulations
Section 1-2-103(b) of the Laramie County Land Use Regulations governing the criteria for a
zone map amendment. Section 4-2-106 of the Laramie County Land Use Regulations governing the NB
(Neighborhood Business) zone district.
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3966 Archer Pkwy Cheyenne, WY 82009
www.laramiecountyplanning.com
Phone (307) 633-4303 Fax (307) 633-4616
DISCUSSION
The Laramie County Comprehensive Plan designates this area as URI (Urban Rural Interface), in which a higher mixture of intensive land uses exist; such as high density residential, intensive commercial, employment centers, and industrial areas. Public infrastructure such as water and sewer may be in place, along with higher vehicular access and community services.
PlanCheyenne contemplates the Mixed-Use Commercial Emphasis land use category for
this property. Within the MU-C category, existing and future developments that align with activity centers are encouraged. Commercial activities and development is the primary focus, but can also include employment, public and residential uses. The primary use in this category is retail, light industrial, and live-work designed as an “activity center”.
Current zoning for this property is MU (Mixed-Use), with areas in the district being a
mixture of residential and commercial. The surrounding zone districts include Low, Medium and High Density Residential, Agricultural Residential, and Community Business. If approved the new zone district NB (Neighborhood Business) would encourage uses that provide goods and services to area residents.
Due to the layout of the site, Haunted Road (East) and Dell Range (North) are both
considered front property lines and thus the proposed zone change would affect the required setbacks for front and rear property lines only. The required setbacks for the MU Zone District are 25 feet from the front and rear property lines for principle structures. Within the NB Zone District, the required setbacks for principle structures are 25 feet from the front property line only, and five feet from the side and rear property lines. Thus any future development would only need be five feet from the West and South Property lines, due to the fact there are no side property lines on the site.
Public notice was published and neighbor notice letters were sent by certified mail per
Section 1-2-104. Staff received a letter from an adjacent landowner opposing the zone change, a
copy of which is attached. Section 1-2-103 (b) of the Laramie County Land Use Regulations specifies that in order to recommend approval of this zone change, the Planning Commission must find at least one of the following:
i. That the zoning district map amendments or regulations are consistent with plans and policies of Laramie County; or
ii. That the original zoning classification given to the property was inappropriate or improper; or
iii. That there have been changes of an economic, physical or social nature within the area involved which altered the basic character of such area, and that the amendment will not detrimentally affect the area involved.
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3966 Archer Pkwy Cheyenne, WY 82009
www.laramiecountyplanning.com
Phone (307) 633-4303 Fax (307) 633-4616
Criteria i., is met by the conformance with the Laramie County Comprehensive Plan and PlanCheyenne with type of development. RECOMMENDATION and FINDINGS Based on evidence provided, staff recommends the Planning Commission find that:
a. This application meets the criteria for a zone map amendment pursuant to section 1-2-103 (b) i. of the Laramie County Land Use Regulations
b. The proposed change in zone district is in conformance with the requirements of section 4-2-106 of the Laramie County Land Use Regulations.
and that the Planning Commission recommend approval of a Zone Change from MU (Mixed-Use) to NB (Neighborhood Business) for Tract 27, Foster Tracts, 2nd Filing, to the Laramie County Board of Commissioners with no conditions. PROPOSED MOTION I move to recommend approval of a Zone Change from MU (Mixed-Use) to NB (Neighborhood Business) to the Laramie County Board of Commissioners for Tract 27, Foster Tracts, 2nd Filing, Laramie County, WY, and adopt the findings of facts a and b of the staff report. ATTACHMENTS Attachment 1: Location Map Attachment 2: Aerial Map Attachment 3: Comprehensive Map Attachment 4: PlanCheyenne Map Attachment 5: Current Zoning Map Attachment 6: Agency Review Comments Attachment 7: Adjacent Neighbor Opposition Letter Attachment 8: Draft Resolution Attachment 9: Resolution Exhibit ‘A’ - Zone Change Map
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US 30
DELL RANGE BLVD DELL RANGE BLVD
US 30
DELL RANGE BLVD
SA
DD
LE
RID
GE
TR
L
HINESLEY RD US 30 SERVICE RD N
HA
UN
TE
D R
D
FOXGLOVE DR
WO
OD
HO
US
E D
R
HINESLEY RD
WO
OD
HO
US
E D
R
HINESLEY RD
6808 US 30
6600 US 30
6800 US 30
4411 HAUNTED RD
4409 WHITNEY RD
4501 WHITNEY RD
6807 FOXGLOVE DR
6520 HINESLEY RD
6616 HINESLEY RD
6528 HINESLEY RD
6706 HINESLEY RD
7011 FOXGLOVE DR
6416 HINESLEY RD
6909 FOXGLOVE DR
4350 WOODHOUSE DR
4408 WOODHOUSE DR
4506 WOODHOUSE DR
Cheyenne/Laramie County GIS Cooperative Program
Printed on July 27, 2018
This map is made possible through the Cheyenne and Laramie County Cooperative GIS Program (CLCCGIS). The data contained herein was collected for its use and is for display and planning purposes only. The CLCCGIS will not be held liable as to the validity, correctness, accuracy, completeness, and/or reliability of the data. The CLCCGIS furthermore assumes no liability associated with the use or misuse of this information.
50 240120
Feet
LaramieLaramieCounty,County,
WyomingWyoming
The CubbyHole LLCZone ChangePZ-18-00187
Location Map
LegendStreetsClassification
Interstate
Arterial
Collector
Local
Platted, Not Built
Private
Rail Road
! Addresses
Assessment Boundary
Subject Property
DELL RANGE BLVDDELL RANGE BLVD
HA
UN
TE
D R
D
HINESLEY RD
Cheyenne/Laramie County GIS Cooperative Program
Printed on July 27, 2018
This map is made possible through the Cheyenne and Laramie County Cooperative GIS Program (CLCCGIS). The data contained herein was collected for its use and is for display and planning purposes only. The CLCCGIS will not be held liable as to the validity, correctness, accuracy, completeness, and/or reliability of the data. The CLCCGIS furthermore assumes no liability associated with the use or misuse of this information.
50 10050
Feet
LaramieLaramieCounty,County,
WyomingWyoming
The CubbyHole LLCZone ChangePZ-18-00187Aerial Map
LegendStreetsClassification
Interstate
Arterial
Collector
Local
Platted, Not Built
Private
Rail Road
! Addresses
Assessment Boundary
Subject Property
URI
US 30
DELL RANGE BLVD DELL RANGE BLVD
US 30
DELL RANGE BLVD
SA
DD
LE
RID
GE
TR
L
HINESLEY RD US 30 SERVICE RD N
HA
UN
TE
D R
D
FOXGLOVE DR
WO
OD
HO
US
E D
R
HINESLEY RD
WO
OD
HO
US
E D
R
HINESLEY RD
Printed on July 27, 2018
This map is made possible through the Cheyenne and Laramie County Cooperative GIS Program (CLCCGIS). The data contained herein was collected for its use and is for display and planning purposes only. The CLCCGIS will not be held liable as to the validity, correctness, accuracy, completeness, and/or reliability of the data. The CLCCGIS furthermore assumes no liability associated with the use or misuse of this information.
50 240120
Feet
LaramieLaramieCounty,County,
WyomingWyoming
The CubbyHole LLCZone ChangePZ-18-00187
Comprehensive Plan
LegendStreetsClassification
Interstate
Arterial
Collector
Local
Platted, Not Built
Private
Rail Road
Assessment Boundary
Future Land Use DistrictsOTHER
Urban-Rural Interface (URI)
Rural Metro (RM)
Rural Ag Interface (RAI)
Ag & Range Land (AGR)
Subject Property
UTRUR
CB
MU-C
MU-RUS 30
DELL RANGE BLVD
WH
ITN
EY
RD
DELL RANGE BLVD
US 30
DELL RANGE BLVD
US 30
DELL RANGE BLVD
WH
ITN
EY
RD
WH
ITN
EY
RD
WH
ITN
EY
RD
SA
DD
LE
RID
GE
TR
L
COUNTRYSIDE AVECOUNTRYSIDE AVE S
AD
DL
E R
IDG
E T
RL
FOXGLOVE DR
HINESLEY RD
US 30 SERVICE RD N
HA
UN
TE
D R
D
BL
AZ
ING
ST
AR
RD
GREENMEADOW DR
COUNTRYSIDE AVE
GU
NS
MO
KE
RD
WO
OD
HO
US
E D
R
PA
INT
ED
RO
CK
TR
L
FOXG
LOVE
DR
HINESLEY RD
US 30 SERVICE RD N
HINESLEY RD
WO
OD
HO
US
E D
R
Printed on July 27, 2018
This map is made possible through the Cheyenne and Laramie County Cooperative GIS Program (CLCCGIS). The data contained herein was collected for its use and is for display and planning purposes only. The CLCCGIS will not be held liable as to the validity, correctness, accuracy, completeness, and/or reliability of the data. The CLCCGIS furthermore assumes no liability associated with the use or misuse of this information.
50 400200
Feet
LaramieLaramieCounty,County,
WyomingWyoming
The CubbyHole LLCZone ChangePZ-18-00187
PlanCheyenneMap
LegendStreetsClassification
Interstate
Arterial
Collector
Local
Platted, Not Built
Private
Rail Road
Assessment Boundary
PlanCheyenne (2014)NEW_FLUP
Agriculture/Rural
Rural Residential
Urban Transition Residential
Urban Residential
Mixed-use Residential
MU-E
Industrial
Mixed-use Commercial
Community Business
Central Business District
Public and Quasi-Public
PUB-FED
Open Space and Parks
ROW
Subject Property
MU
LR
AR
MR
A-2
AR
HR
CB
A-1US 30
DELL RANGE BLVD
WH
ITN
EY
RD
DELL RANGE BLVD
US 30
DELL RANGE BLVD
US 30
DELL RANGE BLVD
WH
ITN
EY
RD
WH
ITN
EY
RD
WH
ITN
EY
RD
SA
DD
LE
RID
GE
TR
L
COUNTRYSIDE AVECOUNTRYSIDE AVE S
AD
DL
E R
IDG
E T
RL
FOXGLOVE DR
HINESLEY RD
US 30 SERVICE RD N
HA
UN
TE
D R
D
BL
AZ
ING
ST
AR
RD
GREENMEADOW DR
COUNTRYSIDE AVE
GU
NS
MO
KE
RD
WO
OD
HO
US
E D
R
PA
INT
ED
RO
CK
TR
L
FOXG
LOVE
DR
HINESLEY RD
US 30 SERVICE RD N
HINESLEY RD
WO
OD
HO
US
E D
R
Printed on July 27, 2018
This map is made possible through the Cheyenne and Laramie County Cooperative GIS Program (CLCCGIS). The data contained herein was collected for its use and is for display and planning purposes only. The CLCCGIS will not be held liable as to the validity, correctness, accuracy, completeness, and/or reliability of the data. The CLCCGIS furthermore assumes no liability associated with the use or misuse of this information.
50 400200
Feet
LaramieLaramieCounty,County,
WyomingWyoming
The CubbyHole LLCZone ChangePZ-18-00187
Current ZoningMap
LegendStreetsClassification
Interstate
Arterial
Collector
Local
Platted, Not Built
Private
Rail Road
Assessment Boundary
All Other Values
Archer Special Use District (ASU)
Agricultural (A-2)
Agricultural and Rural Residental (A-1)
Agricultural Residentail (AR)
Low Density Residential - Established (LR-1)
Low Density Residential - Developing (LR-2)
MR
Medium Density Residential - Established (MR-1)
Medium Density Residential - Developing (MR-2)
High Density Residential - Established (HR-1)
High Density Residentiial - Developing (HR-2)
MU
Mixed Use with Residential Emphasis (MUR)
Mixed Use with Business Emphasis (MUB)
Neighborhood Business
Community Business (CB)
Light Industrial (LI)
Heavy Industrial (HI)
Public (P)
Planned Unit Development (PUD)
Military (M)
Subject Property
PZ-18-00187 THE CUBBYHOLE LLC ZONE CHANGE Cheyenne MPO: Nancy Olson COMMENTS ATTACHED 08/09/2018 The MPO does not have any comments on the proposed zone change. There does seem to be outstanding issues on the site plan, therefore we look forward to a second review when submitted. County Assessor: Clarice Blanton COMMENTS ATTACHED 08/13/2018 1. The description of Proposed Development on the Zone Change Application states “The Car and R.V. Units will be for purchase as property.” 2. What does this mean? Joint ownership in the building like a condo? Environmental Health Department: Roy Kroeger COMMENTS ATTACHED 08/13/2018 Laramie County Small Wastewater System Regulations This property is in the 201 Area Facilities Management Plan area but is not contiguous to corporate limits. A small wastewater system may be permitted so long as all setback requirements can be met. This property is very small for a wastewater system and it may not be possible to meet all setbacks. If a small wastewater system is permitted and installed it shall be abandoned for public sewer at such time that public sewer becomes available. Contact Environmental Health for more information on permitting the small wastewater system. Planners: Bryan Nicholas COMMENTS ATTACHED 08/20/2018 1. Any existing or proposed entrances or exits, and parking areas shall be shown on the Zone Change Map. 2. This property has two front property lines, with Haunted Road being the primary, and Dell Range Blvd being Non-Primary. 3. The setbacks for Neighborhood Business per Section 4-2-105(d)(i-v) are as follows: d. Setbacks i. All principal structures shall be set back twenty-five (25) feet from front property lines. ii. There shall be five (5) feet minimum side and rear setbacks between principal structures and the property line. iii. Outdoor display areas shall have a minimum setback of fifteen (15) feet from all property lines. iv. Outdoor storage areas shall have a minimum setback of twenty-five(25) feet from all property lines. v. Accessory structures shall conform to section 2-2-118 of this regulation. 4. The total building and parking area shall not exceed 75 percent of the total property area. AGENCIES WITH NO COMMENTS: Cheyenne Urban Planning Office County Engineer County Public Works Department
Sheriff’s Office AGENCIES WITH NO RESPONSE: Cheyenne Development Services County Real Estate Office County Treasurer Combined Communications Center Emergency Management Fire District No. 2 High West Energy CenturyLink Cheyenne Engineering Services
1
Bryan Nicholas
From: Planning
Sent: Monday, August 13, 2018 8:25 AM
To: Bryan Nicholas
Subject: FW: PZ-18-00187
From: Vicki Million Hughes [[email protected]] Sent: Friday, August 10, 2018 2:28 PM To: Planning Subject: PZ-18-00187
To whom it may concern, I am opposed to changing the zoning for PZ-18-00187 on Haunted Road. I’d also like to voice my concern that the sign was posted on the side street, rather than on Dell Range, the main road. It is very poorly marked unless your intention is NOT to inform the public of a proposed zone change. While I am not a proponent of the public challenging projects that are within their zone, I am opposed to further impacting the neighbors by allowing higher density, and reduced set-backs. This property will be visible to all of the homes to the north of the property in question, and any increase in density of the project will cause the greatest issues to those properties. Furthermore, why was I not informed via registered mail? A certain number of feet from a project may be adequate in the city, but in the county it’s not just the property owners within a couple hundred feet who are adversely affected. My home looks right down on the property in question. By the way, I was unable to navigate you web-site in order to see the proposed layout of this project. You need a more intuitive system. Jim & Vicki Hughes
1
RESOLUTION NO. _______________________
A RESOLUTION TO APPROVE A CHANGE IN ZONE DISTRICT FROM MU (MIXED-USE) TO NB (NEIGHBORHOOD BUSINESS) FOR TRACT 27, FOSTER
TRACTS, 2ND FILING, LARAMIE COUNTY, WY,
WHEREAS, Wyoming State Statutes §18-5-201 to 18-5-208; §18-5-301 to 18-5-315 authorize Laramie County, in promoting the public health, safety, morals and general welfare of the county, to regulate the use of land through zoning in unincorporated Laramie County; and WHEREAS, the Laramie County Board of Commissioners adopted the Laramie County Land Use Regulations; and WHEREAS, the proposed zone change is in conformance with the requirements of section 1-2-103(b) of the Laramie County Land Use Regulations; and WHEREAS, the proposed zone change is in conformance with the requirements of section 4-2-106 of the Laramie County Land Use Regulations; and NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF LARAMIE COUNTY, WYOMING, as follows: The Laramie County Board of Commissioners finds that:
a. This application meets the criteria for a zone map amendment pursuant to section 1-2-103 (b) of the Laramie County Land Use Regulations.
b. The proposed change in zone district is in conformance with the requirements of section 4-2-106 of the Laramie County Land Use Regulations.
and that the Board approves a Zone Change from MU (Mixed-Use) to NB (Neighborhood Business) for Tract 27, Foster Tracts, 2nd Filing Laramie County, WY, as shown on the attached Exhibit ‘A’ – Zone Change Map. PRESENTED, READ AND ADOPTED THIS _________________ DAY OF ___________________, 2018. LARAMIE COUNTY BOARD OF COMMISSIONERS ____________________________________________ K.N. Buck Holmes, Chairman ATTEST: Debra K. Lee, Laramie County Clerk Reviewed and approved as to form: Mark T. Voss, Laramie County Attorney
